PIERRE, S.D. (AP) — The South Dakota Supreme Court has ruled a judge erred when he transferred a child abuse and neglect case from state court to tribal court.
PIERRE, S.D. (AP) — South Dakota Gov. Kristi Noem has appointed Patricia DeVaney the state Supreme Court.
DeVaney has served as a judge in South Dakota's Sixth Judicial Circuit since 2012,...
Sioux Falls man accused in fatal shooting pleads guilty
SIOUX FALLS, S.D. (AP) — A Sioux Falls man accused of accidentally shooting and killing his friend has pleaded guilty to first-degree manslaughter, avoiding a second trial in the...
Chief justice seeks new mental health court in Sioux Falls
PIERRE, S.D. (AP) — The South Dakota Supreme Court's chief justice urged officials in a legislative address Wednesday to seriously consider creating a mental health court in the Sioux Falls region.
Chief Justice David Gilbertson said in his State of the Judiciary message that the need for such a court is "great" in Minnehaha County. He said that from February through June 2018, 13.5 percent of prisoners screened at Minnehaha County jail intake had a mental illness.
The Latest: SD chief justice seeks new mental health court
PIERRE, S.D. (AP) — The Latest on Chief Justice David Gilbertson's State of the Judiciary message (all times local):
The South Dakota Supreme Court's chief justice says officials should seriously consider creating a mental health court in the Sioux Falls region.
Chief Justice David Gilbertson said Wednesday in his State of the Judiciary message that the need for such a court is "great" in Minnehaha County.
Roslyn man convicted in fatal 2015 shooting loses appeal
PIERRE, S.D. (AP) — A Roslyn man convicted of fatally shooting another man while burglarizing his home has lost his appeal to the South Dakota Supreme Court.
The attorney general's office says justices on Thursday upheld the murder and burglary conviction of Jason Lewandowski in the late 2015 death of 33-year-old Jeremy Hendrickson.
Authorities say Lewandowski broke into Hendrickson's home at night and shot him in the head in front of Hendrickson's wife and child.
Supreme Court rejects sanctuary’s easement request
PIERRE, S.D. (AP) — The South Dakota Supreme Court has rejected an attempt by a wild horse sanctuary to get rid of a conservation easement that limits use of thousands of acres.
The operators of the Black Hills Wild Horse Sanctuary near Hot Springs filed a lawsuit in 2016 alleging it was fraudulently induced into granting the easement to The Nature Conservancy, a nonprofit with an office in Rapid City, in exchange for $230,000.
South Dakota high court denies appeal in mutilation case
PIERRE, S.D. (AP) — The South Dakota Supreme Court has denied a Sioux Falls man's appeal seeking to be re-sentenced for assaulting his ex-girlfriend and mutilating her breasts.
The state's high court affirmed Tony Ledbetter's 45-year sentence this week, the Argus Leader reported.
South Dakota Supreme Court rejects Dollar Loan Center appeal
PIERRE, S.D. (AP) — South Dakota's Supreme Court has rejected an appeal from Dollar Loan Center over whether the short-term lender could bring its case to a circuit judge.
The high court said in an opinion publicly released Thursday that Dollar Loan Center must first go through an administrative review.
Funeral Monday for South Dakota Supreme Court Justice Zinter
PIERRE, S.D. (AP) — A funeral is scheduled Monday for South Dakota Supreme Court Justice Steven Zinter.
Zinter died Tuesday of complications from routine surgery. He was 68.
South Dakota Supreme Court Justice Steven Zinter dies at 68
PIERRE, S.D. (AP) — South Dakota Supreme Court Justice Steven Zinter, who overcame a paralyzing diving accident to rise to the state's highest court, died Tuesday of complications from routine surgery, a court spokesman said. Zinter was 68.
Zinter, who served 16 years on the Supreme Court, died at Mayo Clinic in Rochester, Minnesota, state Supreme Court spokesman Greg Sattizahn told The Associated Press.
Man appeals sentence in mutilation attack on ex-girlfriend
SIOUX FALLS, S.D. (AP) — A Sioux Falls man who pleaded guilty to aggravated assault for choking his ex-girlfriend and mutilating her breasts is appealing his sentence to the South Dakota Supreme Court.
Tony Ledbetter's attorney, David Stuart, told the justices Wednesday that the circuit court erred when it failed to sentence Ledbetter to 30 years or less as laid out in a plea agreement. Ledbetter was sentenced to 45 years in prison in Lincoln County last November.
New trial ordered in manslaughter case
SIOUX FALLS, S.D. (AP) — The South Dakota Supreme Court has ordered a new trial for a Sioux Falls man serving time for first-degree manslaughter.
David Randle Jr. was convicted in the 2015 death of 19-year-old Mikael Ashame. Prosecutors say Randle was drinking and using drugs when handling a gun that discharged and hit Ashame.
RAPID CITY, S.D. (AP) — The South Dakota Supreme Court says a judge did not adequately explain why a Rapid City woman's Facebook complaints against her neighbor constituted stalking.
Supreme Court: Drug search unwarranted
PIERRE, S.D. (AP) — The South Dakota Supreme Court has sided with a man who said police did not have a warrant or consent to search him for drugs.
Salter sworn into South Dakota Supreme Court
SIOUX FALLS, S.D. (AP) — The newest member of the South Dakota Supreme Court has taken the oath of office.
Supreme Court affirms use of electronic warrants
PIERRE, S.D. (AP) — The South Dakota Supreme Court says the use of an electronic warrant is just as valid as one on paper.
The high court, in a unanimous decision, says a Pierre police officer complied with the warrants clause of the state constitution in obtaining a search warrant for a blood sample taken from Kelso Bowers, who was suspected of driving drunk.
PIERRE, S.D. (AP) — The Latest on a developments with the Keystone XL oil pipeline (all times local):
An attorney for an organization opposing the Keystone XL oil pipeline says the "fight is not over" after the South Dakota Supreme Court dismissed a legal appeal from project foes.
PIERRE, S.D. (AP) — Gov. Dennis Daugaard says he will appoint circuit court Judge Mark Salter to the South Dakota Supreme Court.
The governor said Thursday he will name Salter, of Sioux Falls, to replace Justice Glen Severson, who will retire in June after nine years as a member of the high court.
Salter has been a judge in the 2nd Judicial Circuit since 2013. He is the presiding judge for the Minnehaha County Veteran's Treatment Court.
PIERRE, S.D. (AP) — The South Dakota Supreme Court has upheld the constitutionality of a man's conviction for killing his 4-year-old son.
Forty-four-year-old Chris Miller was sentenced to life in prison for the death of his son, Jacob Miller, and an additional 50 years for aggravated assault in January 2013.
Attorney General Marty Jackley says the Supreme Court found Miller failed to show his attorney was ineffective and that the jury selection process was flawed.
Supreme Court says drug suspect lawfully detained
PIERRE, S.D. (AP) — The South Dakota Supreme Court has ruled against a man who claimed he was unlawfully detained by a trooper who stopped him for speeding and discovered a suitcase full of marijuana.
Bree Barry argued the drug evidence should be suppressed because the trooper had unlawfully prolonged the traffic stop on Interstate 90 near Sioux Falls without a reasonable suspicion of drug activity.
STURGIS, S.D. (AP) — South Dakota is challenging the incorporation of a town on the western part of the state.
The South Dakota Supreme Court said last week it will allow the state to intervene in the incorporation of Buffalo Chip, which is located outside Sturgis and used to be a campground mainly for motorcyclists, the Black Hills Pioneer reported .
This opinion piece is not dismissive of environmental issues affecting the lands and waters of South Dakota. This opinion piece is not dismissive of the important rights and privileges of sportsman in the state. This piece discusses the long slow death of property rights in the state. Do property rights in the current environment of lawmaking and with political leader’s priorities now play second fiddle to the almighty dollar? One bill this 2018 session proposed private animal waste pipelines so that CAFO wastes could be transported by pipeline over other property owner’s property without compensation. Fortuitously some sounder heads were found and the bill got killed. Yet the risks remain. Only just consider the non-meandered waters law shortly to be extended by the governor’s signature.
South Dakota Supreme Court: warrant needed for urine sample
PIERRE, S.D. (AP) — The South Dakota Supreme Court ruled that police need a search warrant to obtain a urine sample from someone under arrest.
The high court issued the ruling Thursday that said privacy issues outweigh the state's interest in pursuing evidence. The case involves Hi Ta Lar, who was a passenger in a vehicle stopped for a broken headlight in 2015.
City, landowner appeal Supreme Court’s Buffalo Chip ruling
STURGIS, S.D. (AP) — The city of Sturgis and a Meade County landowner have appealed the South Dakota Supreme Court's decision in favor of the incorporation of the city of Buffalo Chip.
Buffalo Chip is located outside Sturgis and used to be a campground mainly used by motorcyclists.
The court last month said any challenge to a 2015 vote to incorporate Buffalo Chip must be brought by the state.
Conviction in 2014 Sioux Falls murder upheld
PIERRE, S.D. (AP) — The South Dakota Supreme Court has upheld the conviction of man found guilty of murder, rape and burglary.
Attorney General Marty Jackley said Thursday the high court rejected all of Dean Kryger's claims, finding the defendant's admission that he had a criminal mind was admissible and that evidence was sufficient.
Sturgis officials urge South Dakota to oppose incorporation
STURGIS, S.D. (AP) — Officials in the South Dakota city of Sturgis are calling upon the state to take action against the incorporation of the Buffalo Chip Campground of Sturgis Motorcycle Rally fame.
Sturgis formulating plan in response to court ruling on Buffalo Chip
STURGIS — Sturgis city officials say they will call upon the state to take action against the incorporation of the city of Buffalo Chip, located outside of Sturgis.
On Thursday, the South Dakota Supreme Court ruled in favor of those seeking the incorporation, saying that any action challenging the incorporation of the town must be brought by the state.
The vote to approve Buffalo Chip as a town was challenged by the city of Sturgis, area landowners, and the South Dakota Municipal League.
STURGIS — Buffalo Chip is a town.
The South Dakota Supreme Court Thursday ruled in favor of those seeking the incorporation of Buffal0 Chip, outside Sturgis. The case was orally argued last April before the S.D. Supreme Court.
Buffalo Chip owner Rod Woodruff was pleased with the ruling.
“That’s great news,” he said. “Now we can get started on municipal improvements and have some stability for the businesses that want to come and expand in our community.”
Supreme Court rules in favor of Buffalo Chip City
PIERRE, S.D. (AP) — The South Dakota Supreme Court says a community that started as a campground is indeed a city.
State high court upholds ex-police chief’s murder conviction
PIERRE, S.D. (AP) — The South Dakota Supreme Court has upheld the murder conviction of a former police chief found guilty in the 2009 death of his pregnant fiancée.
Russell Bertram was sentenced in 2016 to life in prison for fatally shooting 26-year-old Leonila Stickney. The high court this week declined to vacate Bertram's conviction.
Justice: Meth, prescription drugs a ‘new wave of evil’
PIERRE, S.D. (AP) — The South Dakota Supreme Court's chief justice says an explosion of meth and prescription drugs is a "new wave of evil" that has descended upon state residents.
Chief Justice David Gilbertson said Wednesday in his State of the Judiciary message that addiction to meth and prescription drugs continues despite efforts by law enforcement and the court system.
Supreme Court: House must match historical standards
VERMILLION, S.D. (AP) — The South Dakota Supreme Court has ruled the owners of a recently constructed house in Sioux Falls must make the home conform to the historical standards of the neighborhood.
The court made the ruling Thursday in a dispute between Josh and Sarah Sapienza and their neighbors over the size of the home, which towers over other houses in a federal historic district.
SD High Court denies Toavs appeal of 210-year sentence in double killing in Faith
The circuit judge acted within his authority when he imposed consecutive sentences of 110 years and 100 years for the double killings committed at Faith in 2016, the South Dakota Supreme Court said in a decision released Thursday.
Attorney Paul Eisenbraun of Rapid City had argued Circuit Judge Jerome Eckrich didn’t adequately consider whether Berton Toavs was capable of rehabilitation before sentencing him to a total of 210 years.
SD Supreme Court: Law lets courts require good behavior longer than suspended sentences
State courts can suspend execution of sentences on the condition that defendants practice good behavior longer than the maximum times they would have been behind bars, the South Dakota Supreme Court ruled in a decision released Thursday.
“We conclude that sentencing courts have such power because it has been delegated to them by the (South Dakota) Constitution and the Legislature has not restricted it,” Justice Steven Zinter wrote.
Supreme Court uphold fatal Aberdeen stabbing conviction
ABERDEEN, S.D. (AP) — The South Dakota Supreme Court has upheld the conviction of a man who fatally stabbed his ex-girlfriend in Aberdeen.
The high court unanimously affirmed both the conviction and the sentence for John Eric Hemminger. Attorney General Marty Jackley says the court upheld law enforcement's seizure of Hemminger's cell phone, clothing and DNA. It also agreed it was appropriate for the state to introduce 26 autopsy photos of the victim over the defense's objection.
Conviction upheld for man who killed Adrian Peterson’s son
PIERRE, S.D. (AP) — The South Dakota Supreme Court has upheld the murder conviction of a man serving a life prison sentence for killing the 2-year-old son of NFL running back Adrian Peterson.
Joseph Patterson was convicted in 2015 of second-degree murder in the 2013 beating death of Tyrese Ruffin. Tyrese's mother was dating Patterson. Peterson has said he learned the child was his son about two months before the boy's death.
Sioux Falls discovers more secret settlements
SIOUX FALLS, S.D. (AP) — The South Dakota Supreme Court's recent decision to open a once-secret settlement over buckled siding on Sioux Falls' new events center has opened the door to other secret settlements.
Legal challenge could scuttle prescription drug initiative
PIERRE, S.D. (AP) — A court challenge to the attorney general's explanation of a ballot measure that would cap the price state agencies could pay for prescription drugs could scuttle the initiative even if backers gather enough support to put it on the 2018 ballot, a key proponent said this week.
Giant house dispute before the South Dakota Supreme Court
VERMILLION, S.D. (AP) — The South Dakota Supreme Court is hearing a dispute between neighbors over the size of a newly constructed house in Sioux Falls.
Supreme Court considers conviction in toddler’s death
VERMILLION, S.D. (AP) — The South Dakota Supreme Court has been asked to reverse a murder conviction in the death of a toddler.
The court heard arguments Monday in the case of Joseph Patterson. He was convicted in 2015 of second-degree murder in the death of his girlfriend's 2-year-old son, Tyrese Ruffin. The defense argues the jury in Patterson's trial was unfairly biased by the state. Patterson's attorneys say there's no evidence Patterson "snapped" and hit Ruffin, as the state had argued.
Sioux Falls officials dig into once-secret, $1M settlement
SIOUX FALLS, S.D. (AP) — Sioux Falls officials are seeking answers about how the city benefited from a once-secret settlement with several contractors over construction defects at an event center.
Settlement terms released in Premier Center defects case
SIOUX FALLS, S.D. (AP) — A confidential settlement between Sioux Falls and several contractors over construction defects at the Denny Sanford Premier Center included language that specifically sought to limit what information could be given to the City Council.
The city released the agreement Friday following a South Dakota Supreme Court ruling Thursday.
Supreme Court upholds casino robbery conviction
SIOUX FALLS, S.D. (AP) — The South Dakota Supreme Court has upheld the conviction of a man who robbed a casino in Aberdeen.
Supreme Court: Sioux Falls must release $1M arena contract
SIOUX FALLS, S.D. (AP) — The South Dakota Supreme Court has ruled Sioux Falls officials must make public a contract the city negotiated over repairs to the Denny Sanford Premier Center.
Sioux Falls officials have refused to release details of the contract, which reimbursed the city $1 million. City officials negotiated the settlement with contractors who worked on the project are warping was discovered on exterior metal panels of the $115 million arena.
Daugaard to appoint longtime judge to SD Supreme Court
PIERRE, S.D. (AP) — Gov. Dennis Daugaard announced Tuesday that he will appoint a longtime Elk Point judge as the 50th justice in the history of the South Dakota Supreme Court.
Daugaard picked Steven R. Jensen of Dakota Dunes to succeed Supreme Court Justice Lori Wilbur, who retired in June after six years on the court. Jensen is the Republican governor's third Supreme Court appointee, after Wilbur and Justice Janine M. Kern.
Sales tax case argued as state seeks US high court reversal
PIERRE, S.D. (AP) — South Dakota's highest court should urge the U.S. Supreme Court to reverse a 25-year-old decision that hamstrings officials who want to collect sales taxes from out-of-state retailers, the state attorney general argued Tuesday.
Attorney General Marty Jackley requested that the South Dakota Supreme Court rule quickly against the state in a lawsuit against several remote retailers while also advocating that the U.S. Supreme Court take up the case.
SIOUX FALLS, S.D. (AP) — Ron Parsons, a Sioux Falls attorney who has specialized in appellate and constitutional law, has been nominated by President Donald Trump for U.S. attorney for South Dakota.
The White House announced the nomination, subject to confirmation in the Senate, on Friday.
PIERRE, S.D. (AP) — The South Dakota Supreme Court this week reversed half of former U.S. Senate candidate Annette Bosworth's convictions stemming from her unsuccessful 2014 Republican primary race.
The 45-year-old Sioux Falls physician said Thursday that she's grateful, but said that she needs to speak with her attorney. Bosworth appealed after a jury in 2015 found her guilty of six felony counts each of perjury and filing false documents that she submitted to appear on the ballot.